Welcome to Arbitration & Business Cases

Successful commercial arbitration and litigation lawyers must keep current on new developments in their field.

While arbitrators’ awards are typically confidential and unavailable, there is a growing body of court-based jurisprudence about the scope, process and procedures of arbitration, which counsel and arbitrators absolutely need to know about to be effective. There are also many cases on contract interpretation and remedies which are relevant in many commercial arbitrations and litigation.

In this blog, we hope to help commercial arbitration and litigation lawyers stay current by concisely summarizing noteworthy Ontario and other Canadian cases. On some cases, we may add an editorial comment.

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Igor Ellyn,

QC, CS, FCIArb.

iellyn@ellynlaw.com
www.ellynadr.com
416-540-6611 | 416-365-3750

Robin Dodokin,

FCIArb., Q.Arb., LL.M, Q.Med.

robin@dodokinlaw.com
www.dodokinlaw.com
416-300-6515

CASE #026E – McGuire v. Dejong and Coldwell Banker

December 21, 2021

ONTARIO - An employee of a real estate brokerage, who, to the knowledge of the broker was not registered under the Real Estate and Business Brokers Act, (“REBBA”), was not entitled to recover agreed remuneration from the brokerage, either in contract or by quantum meruit, notwithstanding that the brokerage earned over $600,000 in commissions as a result of the employee’s work’ due to the prohibition in s.9 of REBBA.

CASE #025E – Leon v. Dealnet Capital Corporation

December 21, 2021

ONTARIO - An appeal is not barred by s. 7(6) of the Arbitration Act, 1991, where a judge stays an action under s. 7(1) in favour of arbitration of an employment agreement, if there is reason to doubt the legality and enforceability of the arbitration clause.

CASE #024E – Extreme Venture Partners Fund I LP v. Varma

December 21, 2021

ONTARIO - In remedying illegal and unethical corporate behaviour and breach of fiduciary duty, there is no automatic rule that all profits earned by the wrongdoers must be disgorged.

CASE #023D – Ottawa (City) v. ClubLink Corporation ULC

December 21, 2021

ONTARIO - The rule against perpetuities does not apply to a contractual right that does not create an interest in land.